Heights alcohol proposition opponents may challenge result

HOUSTON (KTRK) -- Many are celebrating the win for Proposition 1 which lifted the 100-year-old ordinance banning alcohol sales in part of the Heights, paving the way for a vacant lot to be a brand new H-E-B.

But now opponents say the fight may not over.

"There's a lot of voting irregularities," said Ashish Mahendru, an attorney and organizer against eliminating the dry zone. He says not everyone who lives in that area had prop one on their ballots.

"Those who were supposed to vote didn't get it and those who weren't supposed to vote did get it."

"The overwhelming response and you can see it from the tallies on the vote is that people wanted an H-E-B," H-E-B Houston President Scott McClelland said.

McClelland says the vote was decisive and they're moving forward with plans to open the Shepherd location as soon as February.

They're also opening a location on Washington Ave., about 3 miles away. Mahendru says H-E-B did not publicize this because it would have made the Shepherd H-E-B and the ordinance change unnecessary.

"They knew they had an Achilles' heel," Mahendru said. "The moment they disclose that the vote would've not gone in their favor."

McClelland says the Washington Avenue H-E-B is part of a larger development so his company left it to the landlord to announce.

"We neither confirmed nor denied it because it is not our place to go public. It's been out there and we are looking forward to having two stores."

H-E-B says they're not worried about any potential voting irregularities because support was so high.

Still, Mahendru is not giving up so easily.

"The manner in which H-E-B did this gives us a voice either in court or two years from now get the law changed."